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Know Your Rights: Harmed By a Recalled Product?

Jul 12, 2022
Shamis & Gentile, P.A.

As consumers, we are surrounded by and interact with products of all kinds in our daily lives. From the food we eat to the cars we drive, we constantly purchase and use products made by various suppliers to fulfill our numerous needs and wants. In order to capitalize on demand, suppliers regularly introduce products to the market. Sometimes, they do so without doing adequate safety testing. When such products fail, people are often injured, and the haste and negligence of the manufacturers may be to blame. Faulty products are usually recalled, but by then, the damage is often already done. If you have suffered because of a recalled product, you may be able to claim compensation. Here is what you need to know before proceeding with a suit.

How Does a Product Recall Work?

Products may be recalled from the market in one of two ways: either the manufacturer will voluntarily issue a recall on its own product, or a government agency will instruct them to do so. A recall usually comes after several complaints about the product’s defectiveness or harmfulness. Government agencies such as the Food and Drug Administration (FDA) will carry out an investigation on the products if enough consumers complain about adverse effects. 

Who Is Responsible in a Product Liability Case?

It is possible for multiple parties to bear responsibility when a product is recalled. The fault may have occurred at the manufacturing stage, or at the packing or distribution stages, so it is important to conduct a thorough investigation and pinpoint all the parties involved throughout the supply chain. 

What to Do If You’ve Been Injured By a Recalled Product

The first step after being injured by a recalled product is to seek medical attention, even if the injuries seem minor. Keep records of all medical treatments you receive. Be sure to keep the defective product, as well as any related documents, such as receipts, user manuals, and safety warnings. 

To find out if the product has been recalled, you can check on the manufacturer’s website, as well as that of a related government agency. These agencies include:

  • The National Highway Traffic Safety Administration (NHTSA), which deals with recalled vehicles, tires, car seats and car parts.
  • The FDA, which has a website dedicated to recall and safety alerts. Up to date food, beverage, drug and cosmetics recall information can be found here.
  • USDA Food Safety and Inspection Service. The FSIS deals with any meat and poultry products not covered by the FDA.
  • CPSC: Any consumer products that don’t fall into the above categories will usually be covered by the CPSC and listed on their site. These products could include appliances, toys, tools, furniture, clothing, etc.

Contact a Product Liability Attorney

Shamis & Gentile, P.A., provides outstanding legal services in Florida and New York. We distinguish ourselves because of our experience and resources, which we combine to handle any kind of case involving personal injury, personal injury protection, class actions/mass tort, and contract disputes. When you bring your case to Shamis & Gentile, you will always work with a seasoned attorney who has an excellent track record. We are progressive and trusted within the legal community, and we are often called upon to settle cases that other law firms may not be able to handle on their own. If you have been injured due to a recalled product, speak to one of our product recall lawyers about your case.

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